Cherokee LCP Land, LLC v. Linden Planning Bd., 234 N.J. 403 (2018).  The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”) confers standing to actions of municipal land use agencies only on those who qualify as an “interested party.”  ...

In re Accutane Litigation, 234 N.J.340 (2018).  [Disclosure:  I argued this appeal, together with co-counsel, on behalf of the plaintiffs.  The opinions expressed in this post are mine alone, and are not attributable to or necessarily reflective of the views ...

Mielo v. Steak ‘n Shake Operations, Inc., 897 F.3d 467 (3d Cir. 2018).  This was an appeal under Rule 23(f) of the Federal Rules of Civil Procedure from a District Court decision that granted class certification in this case under ...

Adorers of the Blood of Christ v. Federal Energy Regulatory Commission, 897 F.3d 187 (3d Cir. 2018).  Transcontinental Gas Pipe Line Company, LLC (“Transco”) obtained a certificate of public convenience to build a gas pipeline from the Federal Energy Regulatory ...

Abdelkader v. Hosny, 2018 WL 3579897 (App. Div. July 26, 2018).  In State in Interest of N.P., 453 N.J. Super. 480 (App. Div. 2018), discussed here, Judge Messano discussed the purpose of Rule 2:5-6(c).  That rule, which allows a trial ...

Sconiers v. United States, 896 F.3d 595 (3d Cir. 2018).  Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) (“FTCA”), a tort claim against the United States is “forever barred unless it is presented in writing to the appropriate Federal ...

Serico v. Rothberg, 234 N.J. 168 (2018).  As discussed here, last year, the Appellate Division ruled in this medical malpractice case that a “high-low agreement” is a contract, and that where the agreement did not provide for plaintiff to recover ...

Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission, 234 N.J. 150 (2018).  The New Jersey Motor Vehicle Commission (“NJMVC”) imposed fines and suspensions on eight car dealers for alleged violations of various NJMVC regulations.  The dealers, all acting ...

United States of America ex rel. Palmer v. C&D Technologies, Inc., 897 F.3d 128 (3d Cir. 2018).  Today’s opinion by Judge Greenberg (no relation) in a False Claims Act case involved the issue of an attorneys’ fee award to the ...

McDaid v. Aztec West Condominium Association, 234 N.J. 130 (2018).  As Jutice Albin stated in the first two sentences of today’s opinion for a unanimous Supreme Court, “Res ipsa loquitur is an equitable doctrine that allows, in appropriate circumstances, a ...